Hamilton County Commissioners on Tuesday conducted an emergency meeting with the primary topic being the recently passed controversial sign ordinance.
During the meeting, Commissioners Altman and Heirbrandt voted to repeal the ordinance passed in February that prompted county council candidate Rick Sharp to file a lawsuit.
Sharp and his attorney, Timothy Stoesz, allege the ordinance violated Sharp’s First Amendment right to free political speech.
Immediately following the vote, the commissioners then put in place a new ordinance that more clearly defines a county right-of-way, information on how the public can obtain specific right-of-way information, outlines how sign owners can retrieve signs collected from rights-of-way and provides an appeal process.
County Attorney Mike Howard explained that any person seeking information about a right-of-way may call the Hamilton County Highway Department at 317-773-7770 or email county.highway@hamiltoncounty.in.gov. The ordinance states requests must specifically identify the location of the right-of-way by street location.
Commissioner Christine Altman indicated rights-of-way are also available on the county’s website GIS mapping service.
The new ordinance now identifies a county-owned right-of-way as:
- The area between a Hamilton County street and the furthest edge of a public trail or sidewalk.
- The edge from the Hamilton County street to above-ground utility poles or other utility structures, which are installed parallel to the Hamilton County street.
The ordinance indicates a sign owner or their designee may retrieve signs removed by the county by paying a $5 fee for each sign six square feet or less or $25 for each sign larger than six square feet. According to commissioners the fee offsets the cost of removing signs in violation of the ordinance.
“These changes really help address what could have been valid citizen concerns,” says Mark Heirbrandt, president of the Hamilton County Commissioners. “It can be difficult to know exactly where County right-of-ways begin and end. These clarifications should help citizens better navigate this new law.”
The ordinance also eliminates penalties for the improper placement of signs.
Last week, Hamilton County Superior Court 3 Judge William Hughes conducted a hearing on Sharp’s complaint. Hughes is expected to announce a ruling as early as today.
Sharp told the Reporter he is concerned by the county’s actions. “It’s obvious they [the commissioners] want to get this in play before the election. I just don’t understand why they would be so eager to stifle free speech.”